Archive for June 2011

I think that it’s probably wrong, in almost all situations, to use a dictionary in the courtroom. Dictionary definitions are written with a lot of things in mind, but rigorously circumscribing the exact meanings and connotations of terms is not usually one of them.

Jesse Sheidlower, editor at large of the Oxford English Dictionary, quoted in an interesting New York Times piece by Adam Liptak about how Supreme Court justices are consulting and quoting dictionaries more frequently in their opinions.

Another summer, another reason to never go to Brooklyn.

Yes, my friends, the bedbugs are back in the King’s County District Attorney’s Office. Last summer, bedbugs invaded the KCDA’s office — and emails started flying around from concerned employees on the verge of having anxiety attacks.

You’d think that given all the coverage and stress, the city would have spent the winter figuring out some way of protecting public employees that have to work in Brooklyn.

But maybe there’s just no cure for bedbugs….

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On Sunday night, I was sitting on my couch eating Chicken McNuggets®, when Lat Skyped™ me. The following is a faithful transcript of our conversation.

Lat: Hey Juggs, I’ve got an assignment for you. Wait, why aren’t you wearing a shirt?
Me: Why are you wearing a top hat?
L: Touché. Listen, I have an idea for a pretty delicious story. Did you read that article in the Times about Headline News’s coverage of the Casey Anthony trial?
M: I only read Mad Magazine.
L: Okay, well, listen. Is there any way you can put on a shirt?
M: *mumbles angrily and stomps off camera to find a respectable shirt*
L: Okay, cool. Listen, that post you did about Jose Baez got some deliciously high page views. This trial is apparently through-the-roof popular and I think I know what you can do to cover it.
M: Go on.
L: I want you to… wait for it… spend a day watching Headline News. You watch the coverage, scribble down some thoughts and… presto! We’ve got ourselves a delicious post.
M: Do I have to wear a shirt?
L: Jesus, what the f**k is it with you and shirts? No. God, I don’t care. Wear whatever you want. Just watch TV and write down your thoughts. You think you can do that?
M: Sure. I’ll be like Marlow, exploring the Heart of Darkness.
L: That’s another thing. Your random literary references. They barely make sense and I’m pretty sure you haven’t read any books.
M: Your top hat’s stupid.
L: Okay, just do this. Ciao.
M: Seacrest out.

And so it begins….

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Morning Docket: 06.14.11

* Because Governor Cuomo hasn’t signed New York’s new ethics bill yet, members of the executive and legislative branches still have time to send crotchal TwitPics without consequence. [Wall Street Journal]

* With a two-week leave of absence, however, Anthony Weiner’s time may be coming really soon. And in spite of Weinergate, I still think he was super sexy defending the 9/11 healthcare bill. [Los Angeles Times]

* In case you had any lingering doubts, DOMA is still unconstitutional. Come on, just let these poor guys be poor together jointly. [Poliglot / Metro Weekly]

* The Third Circuit has cleared the way for angsty teens to post “parody” profiles of their teachers online. Oh, the fun I could’ve had back in high school with today’s technology. Now I feel old. [Pittsburgh Post-Gazette]

* Yesterday, a children’s book author from Brooklyn was deplaned after dropping a bomb before takeoff. What kind of bomb? An f-bomb. How quickly can the airline defuse this incoming lawsuit? [Reuters]

* The CRR is fighting a Texas abortion law that was allegedly based on the stereotype that women are too stupid and immature to make decisions. I guess everything’s bigger in Texas, except for women’s brains. [Dallas Morning News]

* Teresa Giudice has proven time and again that you just don’t mess with girls from Jersey. But is getting sprayed in the face with champagne worthy of a lawsuit these days? [Washington Post]

On February 27, 2009, Latham & Watkins laid off 440 associates and staff. These official layoffs came after months of quietly and stealthily laying off employees.

That year, Latham fell from #7 to #17 on the Vault 100 list of the most prestigious law firms. It was one of the biggest single year drops ever on the Vault list. At the time, I asked: “Is this as far as [Latham] will fall?”

Two years removed from that question, I’m staring at the brand-new Vault 100 rankings. Latham & Watkins is ranked #11.

Memory, my friends, is not something they screen for on the LSAT…

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Non-Sequiturs: 06.13.11

* Dr. Pepper drinkers apparently <3 double penetration. I guess that counts as fair use, right? At least most porn stars would agree. [Copyranter]

* It figures that a lawyer from New Jersey would be accused of head butting someone. This is the guy who could be evaluating your character and fitness, bar takers. [ABA Journal]

* Yes, boys, a lap dance is a taxable service according to the IRS. Think twice next time before billing one to a client. [TaxProf Blog]

* But speaking of taxes, if you’re wondering how to get tax deductions for your student loan interest, this is a pretty good start. [Taxgirl / Forbes]

* Indiana Tech is still going to start its own law school. Because clearly we need more law schools, especially in a state that already has four of them. [Constitutional Daily]

* Thanks to his sexting scandal, Anthony Weiner is getting his own action figure. Hopefully it has a kung-fu grip. [WPIX]

* And in other breaking bajayjay news, Octopussy was convicted today of insider-trading charges. [WSJ Law Blog]

Is this law student a spy?

At this year’s Emory Law School commencement, Professor Sara Stadler urged graduates to think outside the box with respect to their career options: “You might not be able to land that [top-choice] job…. You might have to move to Nebraska.… You might have to join a small firm where they don’t make the big bucks.”

Or you might have to… become a spy in the Middle East? Emory law student Ilan Grapel has been detained in Egypt, by authorities who allege that he is a “highly trained” spy working for Israel.

Ilan Grapel is… pretty cute. Is he a spy?

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I’m under the impression that many of our readers are looking for a new job, or at least thinking about it. Some of you are still in law school and haven’t lined something up yet. Others have been laid off by a firm and are trying to find a replacement gig. Still others are unhappy in their current situations, and are contemplating something better. But how many of you know what you’re looking for?

I mentioned earlier that I’ve given a lot of informational interviews in the past. I do believe that it’s the most effective and most overlooked job-search tool going. But I’m often struck by how many people I meet — especially law students — who already know what type of law they want to practice. I certainly didn’t when I was in school; I became an employment lawyer because an employment-law firm offered me a job. I marvel at 1Ls and 2Ls who already know what type of lawyer they want to be when they grow up.

Knowing this has its benefits: it can help you direct your career path. But it has its disadvantages, too. It can seriously limit your job opportunities.

Here’s how to handle that problem.…

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On Thursday night, I tried to explain the ups and downs of living your life under constant threat from debt collectors. Based on the reaction to the post, I have to say that the reading comprehension of my post was poor, even by “internet commenter” standards. Even Megan McArdle in The Atlantic missed some of the key points in my post.

Mostly, I blame myself. When that many people gloss over things in your post, chances are you didn’t make things clear enough. So allow me to correct that problem now. This time, I’ll use capital letters and aggressive fonts to make sure we’re all on the same page: when it comes to negotiating down your educational debts for less than the principal, I AM NOT TALKING ABOUT FEDERAL LOANS. You should never, ever mess around with your federal debt because Uncle Sam ALWAYS GETS HIS MONEY.

Are we clear?

McArdle also claims that she doesn’t know anybody who successfully negotiated down their student debts with their lenders (missing again my point that my debts had already been sold to a collection agency). McArdle’s skepticism sounds to me like a person who goes to a car dealership, pays sticker price, and then wonders why everybody was high-fiving the dealer as she drives off the lot.

But these factual issues are not what interested me about McArdle’s post. What I found interesting was the subtle scorn she (and many commenters) had for those who do not pay back their debts. I should have included that scorn in my list of things that happen when you default on your loans…

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Reema Bajaj: pretty and professional.

I have previously expressed my belief in the innocence of Reema N. Bajaj, the 25-year-old lawyer who has been charged with prostitution. This Illinois solo practitioner didn’t strike me as a prostitute — and some who know her personally concur. A classmate of Bajaj from Northern Illinois University College of Law expressed his shock at the charges, and college students whom Bajaj taught described a caring and considerate teacher — an unlikely lawbreaker.

But, in fairness to the prosecution, evidence does exist that could be construed as supporting the charges. And some of this evidence is rather salacious — to wit, photographs of Reema Bajaj’s bajayjay.

If you have delicate sensibilities, please stop reading here. If you have a stomach for somewhat scandalous (but still safe for work) material, however, you may continue….

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Pile-o’-crap syndrome: We’ve all been victimized by it.

In private practice, it arrives in the form of four boxes of documents (containing about 2000 pages each) delivered to your door with a single handwritten note of explanation: “Here are the documents you’ll need to prepare Smith for his deposition on Wednesday.”

What does that note really say? “Here’s a pile of crap. I can’t be bothered. You deal with it.”

For an in-house lawyer, the pile o’ crap arrives in the form of a one-sentence e-mail responding to your request for a brief description of a particular lawsuit that’s headed to trial: “As you requested, I’ve attached my 100-page, single-spaced summary of the discovery record in this case.”

What does that e-mail really say? “Here’s a pile of crap. I can’t be bothered. You deal with it.”

In business environments everywhere, pile-o’-crap syndrome arrives in the form of e-mails that say only either (1) “see attached letter” or (2) “see attached chain of e-mails.”

What do those communications really say? “Here’s a pile of crap. I can’t be bothered. You figure it out.”

Why do people do this?

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Are you ready for some change? We’re about to see if two organizations worth about a quarter when it comes to regulating law schools can add up to a dollar’s worth of law school transparency. The American Bar Association has adopted new reporting standards for law school graduate employment data.

And at least for the first year of the new standards the ABA will be partnering with the National Association for Law Placement (NALP) to try to get accurate post-graduate employment data to prospective law students.

Let’s hope the ABA and NALP take their talents to the U.S. News law school rankings…

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Morning Docket: 06.13.11

* Hey tinfoil hat wearers, when a televised moonwalk isn’t good enough, you probably don’t need a dead bin Laden photo. Suing the CIA and the DoD isn’t going to make you believe. [Daily Mail]

* Villanova Law’s administrators seem to have figured out that the best way to deal with scandal is to play a rousing game of Not-It. [Philadelphia Inquirer]

* The Supreme Court will soon rule on whether California minors can buy violent video games. Hey, kids have to learn how to creatively murder hookers sooner or later, so why not sooner? [UPI]

* Even alleged crackheads have Fourteenth Amendment rights. This one’s been approved to sue for $1.6M over his Ferrari. Don’t worry, this makes sense on Long Island. [New York Post]

* Crazy cat ladies can no longer be buried in New York pet cemeteries alongside their litters of “children.” This eHarmony girl is going to be pissed. [Wall Street Journal]

* Norman Redlich, Dean Emeritus of New York University School of Law, R.I.P. [New York Times]

Ted Frank

Friday was not a pretty day for the stock market. The Dow Jones Industrial Average closed below 12,000, for the first time since March of this year — a 1.4 percent decline. The S&P 500 also fell by 1.4 percent, and the Nasdaq composite index fell by 1.5 percent.

Everyone is looking for an edge in this market (especially given the low returns you get by keeping your money on the sidelines, in cash, or by investing in real estate). This raises a question for legal eagles: Can knowledge of the law help you invest profitably?

One of our favorite folks here at Above the Law — Ted Frank, head of the Center for Class Action Fairness, whom we’ve dubbed the Class Action Avenger — believes the answer is yes. Earlier this month, he invested 10 percent of his net worth in a bet that one company’s stock is on the way up, based on a forthcoming Supreme Court decision.

Let’s find out which stock Frank is betting on, and why….

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Non-Sequiturs: 06.10.11

Paul Bergrin

* New York magazine is on a roll: first the buzz-generating Paper Tigers piece, then the big Anna Nicole Smith story, and now this great profile of Paul Bergrin, “The Baddest Lawyer in the History of Jersey.” [New York Magazine]

* When Elie read Megan McArdle’s response to his debt story, he screamed, “I said I PAID my federal loans!” I told him the screen couldn’t hear him but he kept right on screaming. [The Atlantic]

* A few highlights from the Sarah Palin email dump. [Wonkette]

* A lap dance might get a rise out of a recipient, but it doesn’t rise to the level of art, according to a New York state appellate court. [Albany Times-Union]

* The new home of Paul Clement — Bancroft PLLC, founded by Viet Dinh — has become D.C.’s “it” firm with respect to conservative causes. Where does it get its name? [Bloomberg BusinessWeek]

* Speaking of the former Solicitor General, here’s his substantive defense of the Defense of Marriage Act (via Chris Geidner). Check it out — there’s a link to his brief — and see what you think. [Poliglot / Metro Weekly]

* Speaking of gay marriage, here’s an interesting legal issue, involving foster care and adoption, same-sex couples, and religious freedom. [Peoria Journal Star]

* An update on Aaron Biber, prominent law firm partner turned convicted pedophile. [Minnesota Lawyer]

Earlier this week, a tipster wrote to us: “The University of Chicago Law School is suffering from a problem not too different from the one that Antoine Dodson and his neighbors suffered not too long ago.”

Chicago is a long way from Huntsville, Alabama, and the University of Chicago Law School is a long way from the housing projects of Lincoln Park (no, not that Lincoln Park). But the tipster is right: both places have been the site of rape allegations.

Students at UofC Law already know that they need to hide their laptops when at the law school. But do they now need to hide their kids, hide their wives, and hide their husbands, ’cause they’re raping everybody out there?

Actually, no — there appears to be no cause for alarm. Let’s learn about the allegations, and the school’s response….

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Anyone who is a lawyer knows that sinking feeling. The feeling that comes when someone else finds out you’re a lawyer and starts telling you about whatever garden-variety awfulness has visited their lives. They prattle on about who knows what, because you’ve tuned out. But they keep going and the inevitable finally arrives at the end of their embarrassing story. “So you’re a lawyer. What should I do?”

If you’re quick-witted enough to come up with a response and slow-footed enough not to run away, you tell them that there are lawyers with really big advertisements in the yellow pages who could probably help them out. You grab your pizza rolls, Funyuns, and Olde English, and you slowly back out of the store.

This is what you do when you’re wise enough to know that being a lawyer doesn’t mean you can tackle any legal quandary or situation. When you know that there are situations better served by better lawyers. This is what you do when you are not named Jose Baez.

Baez has made quite the name for himself as the attorney for Casey Anthony. She’s the chick accused of killing her daughter, and Baez is the freshly minted lawyer who thinks he has the right stuff to keep her from being executed by the state of Florida.

Spoiler alert: Jose Baez does not appear to have the right stuff, at least in my opinion. After the jump, learn a bit about Señor Baez, his kooky past, and his unwavering commitment to himself…

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Did you know that there is a federal panel that reviews accreditation organizations? Did you know this panel makes recommendations to the Department of Education on how well the accreditation organization is doing its job? Did you know that there is a government panel that can actually address how the American Bar Association is doing its job of accrediting law schools?

The panel is called the National Advisory Committee on Institutional Quality and Integrity. Now that I’ve told you its function, you will not be at all surprised that the ABA got smacked around a bit when it was brought up in front of the board.

Oh, don’t worry, the panel isn’t actually going to do anything to force the ABA to do a better job. This is government work we’re talking about.

But still, the ABA got a bit of a tongue lashing, so that’s something….

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More in-house opportunities have opened up in recent weeks — Lateral Link is working on over two dozen in-house searches, and has recently helped several corporations fill legal openings. Are you a labor & employment attorney looking to move in-house? Do you have experience working on HR investigations? If so, check out the latest Job of the Week.

Position: L&E Attorney

Location: Pacific Northwest Region

Description: An international e-commerce company located in the Pacific Northwest is seeking a labor & employment attorney (junior, mid-level or senior associate). The ideal candidate should have extensive L&E experience, especially in HR investigations. Candidates from top law schools with excellent academic credentials and prior experience at a top-tier firm are strongly preferred.

If you are currently a Lateral Link member, please see position #8967. Not a member? Sign up for free at www.laterallink.com to access hundreds of law firm and in-house jobs and to work with a recruiter in your market. If you are a client looking to engage Lateral Link in a search, contact Mike Allen, Principal and Founder of Lateral Link, at mallen@laterallink.com.

Today brings more news coverage of Reema Bajaj, the rather attractive 25-year-old lawyer accused of moonlighting as a prostitute. Her story was written up in the Chicago Sun-Times and the Chicago Tribune, among other outlets.

Both papers covered the newest development in the case, a court hearing yesterday. Bajaj pleaded not guilty to three counts of prostitution (two misdemeanors and one felony), according to her lawyer, David Camic of Aurora, Illinois.

I have previously expressed my gut instinct that Reema Bajaj is innocent. Maybe I’m guilty of judging a book by its cover, but she just looks innocent — youthful and sweet and wide-eyed. She is a young Midwestern woman, of South Asian ancestry, who grew up in the suburbs of Chicago. It doesn’t get much more wholesome than that.

And now I don’t have to rely solely upon racial stereotyping vague intuitions. Now I have additional evidence, from several sources — including a law school classmate of Reema Bajaj….

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